
(image: janninsanfran/flickr)
This is the second part of a 3-part series about the National Defense Authorization Act (NDAA) that began with “Another Assault in the Dead of Night“. As I concluded there:
[B]elieve the hype: the NDAA’s detention provisions represent a frontal assault on the Bill of Rights. They are noxious now. They will be worse in the future. We will live to regret ever even considering this law, and our leaders will be judged harshly for allowing it to become law without even a single congressional hearing and over the objections of concerned Americans all over the country.
Q: What is the status of the NDAA? A: Still up in the air.
The President did not sign the NDAA before leaving DC for a holiday in Hawaii. His reluctance to sign the bill may indicate some receptivity to a potential veto, despite the failure of the President’s senior advisors to recommend one.
The White House phone lines have been jammed since last week, with callers waiting up to 20 minutes only to be denied the chance to voice their opinion. With the President actively seeking support for his re-election campaign, feedback from voters mounting protests at campaign offices and events may also be helping force his attention.
[Update: the President signed the NDAA into law on December 31, 2011.]
Q: Where is the news media? A: Distracted by the DC spin machine.
An active debate continues over the precise contours of the bill, and the potential reach of the powers it would extend. Apologists–including some members of Congress confused about what they voted for–have offered an artificially narrow analysis of its provisions. But a complete reading of the NDAA, in the context of other existing statutes (particularly the material support statute as amended by the PATRIOT Act and upheld in Humanitarian Law Project v. Holder) reveals the full scope of its dangerous authorities.
Q: How did this happen? A: Obama’s choice to look “forward, not backward.”
Dick Cheney worked the Hill in the days preceding the NDAA votes, and quite likely well before that. Why was he able to leverage his (apparently still overwhelming) influence on Capitol Hill? Because he’s not behind bars, where he belongs.
Even before the Obama administration took office, I wrote about the centrality of executive accountability given the historical moment of the Bush-Obama transition:
[U]ntil Cheney and his minions stand trial, their allies will seek compromises both from within the bureaucracy and on the Hill.
The specter of the Vice President in deserved chains would not only drive neo-conservative hawks & brutes onto their political heels, but would also reaffirm the nation’s commitment to the Rule of Law. In contrast, letting Rumsfeld, Cheney, Addington and Haynes enjoy their remaining lives with the respect due merely disgraced former public servants — rather than the disdain reserved for traitors and war criminals — sends a message that officials may violate even the most fundamental constitutional rights with impunity. That, in turn, will accelerate the race to the bottom in international standards and further erode human rights principles we once pioneered.
I wish the subsequent history had proven me wrong.
First, our recent record on torture, and more recent failure to prosecute all officials involved in enabling it, undermines the legacy of international human rights we established after the Second World War. Second, after vindicating freedom, liberty, and individual privacy in the Cold War, we now dutifully submit to a surveillance state more intrusive than any that has ever existed in human history.
In other words, Bush and Cheney succeeded in doing what neither Nazi Germany nor the Soviet Union could: eviscerate American values and undermine our grandest foreign policy accomplishments since the turn of the 20th century. And while President Obama’s aim to “look forward, not backward,” may resemble a thoughtful political compromise, it is an illegal capitulation to illegitimate political interests carrying profound consequences for human rights and freedom both in the U.S. and around the world.
The NDAA’s detention provisions passed Congress only because neo-con figureheads (e.g., Cheney, Addington, Bybee, Yoo) evaded the investigation and prosecution required under international law for their crimes against humanity. When architects of human rights abuses receive continued power & prestige, rather than prison sentences (to which the rest of us remain subject for vastly less heinous crimes), their continued influence is predictable. And fear mongering apparently still sells, at least among timid members of Congress eager to appear muscular to voters.
Q: Torture? I thought we were done with that. A: Think again, and mark my words….
Our failure to hold senior executives (or, for that matter, anyone beyond the least influential footsoliders) accountable for torture not only helps explain the origins of the NDAA, but also explains why the regime it enshrines could be so dangerous.
In Part 1 of this series, I explained how the PATRIOT Act’s material support provisions could influence the future use of the NDAA, by expanding its scope to include non-violent political dissent. The regime created by Obama to excuse torture under Bush & Cheney — in which there are no penalties for committing human rights abuses — also points to further ways the dreadful powers enshrined in the NDAA could be abused in the future.
Torture is more than merely a human rights abuse. It’s a way to coerce confessions, even if they’re false. That’s why observers from military interrogators to Republican Senators and other former senior government officials have rejected it as a useless, if not counter-productive, tactic when applied to enemy combatants.
But what if the goal of torture is not to ascertain intelligence, but rather to produce confessions? In a system of preventive detention, in which torture is available to future administrations (or poorly trained 18 year-olds) as an option, what will constrain torture from recurring? Even with a policy discouraging torture, the established lack of accountability ensures its inevitable recurrence.
And when torture recurs, there will be no meaningful possibility of ever finding detainees innocent. When people (whether US citizens or not) in military custody start declaring confessions, few observors will care whether or not they were coerced. “They must have done something wrong. They did confess, after all.”
Nothing to see here. Move along….
Q: Is it too late to stop this? What can we do? A: The antidote to despair is action.
The NDAA has not yet been signed by the President. It’s never too late to raise your voice, but now is especially opportune. Beyond calling the White House and sending messages to your elected officials, grassroots events (of the sort that happened all over the country earlier this month) also offer a vital chance to spark a local conversation with your friends & neighbors.
This series concludes with What Comes Next? The Future of the NDAA.



22 Comments




The NDAA only goes to further stifle our Constitutional Rights without the approval of the Americans, just as the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11. A mere 3 criminal charges of terrorism a year are attributed to this act, which is mainly used for no-knock raids leading to drug-related arrests without proper cause for search and seizure. The laws are simply a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten-years.html
Over 80 US Senators voted for this I think. The President will sign it. This is bi-partisanship at it’s best.
So now what???
Well, 2012 is an election year. Americans have a choice to vote. And they do NOT have to vote for either party.
If they CHOOSE to vote for either party, then they are approving these completely anti-human rights laws. Americans will be voting to approve the end of habeas corpus.
How many of you will do that? Why??? You really approve the end of habeas corpus??? Do you not know the ramifications of that???
By having this as law, it is only a matter of when, not if, a President abuses it and starts detaining political enemies. And Americans support that????
Wow. Unbelievable. Yet millions of Americans will show their support for it next year by voting for the people that made this law happen. Unreal.
OFG, you’re on a roll today!
No OFG…..we don’t support it…the problem is…
who knows which of these jerks actually got voted in?
If you look up King Lincoln Bronzeville Vs. Blackwell (Columbus, OH case) you will see it’s highly likely Americans did not vote George Bush into the Presidency in 2004. There’s pretty good evidence and testimony, including the testimony of a deceased man who died in a mysterious plane crash after testifying (and before testifying a second time)–that the results were sent to a server in Chatanooga, where the numbers were changed to make Bush win.
There are a number of stories out now including a hourlong segment on Dan Rather’s HDTV show about how easily the modern computerized voting machines can be hacked. And if they can be, you better believe they are being hacked.
That means it doesn’t really matter who we vote for.
It also means we’re in big trouble. It’s no wonder people are protesting.
Yeah, like me, he thinks freedom is important. Bravo, OFG!
There should be rioting everywhere. You just can’t find takers for Liberty. We have been collectively neutered Fat Buddie. If it wasn’t for OWS and Canadian Whiskey I would despair.
Could very well be a mantra for the past decade (or four). The true measure of corruption would be how many have actually seen promotions and lifetime sinecures as opposed to accountability.
I caught a story at KOS about a group in Montana wanting to recall Max Baucus over his vote so I did a quick read of the Pennsylvania State constitution to see if we here in PA could do that too. Though it was interesting reading, I couldn’t discern how one recalls a US Senator, but enlisted the help of a contact at the State House. If it’s possible to recall Casey and Toomey in this way, I’ll be knocking on doors all winter long.
What “Bill of Rights?” Fascist fucking bastards? Does anyone have a link to the specific provision and the language in question? Call it the “Night of Long Knives?” Death of checks and balances and checks on power. If the American people cannot even read the bill this is “rancid” with the stench of fascism.
Yup the Nazi bastard invaded Poland on a fabrication. Meanwhile corporate fascist in America invaded Iraq based on a lie and fabrication. All to protect the homeland? Sure!
Habeas Corpus adios were back in the dark ages, at a Federal level as well as many states. We gave then power over us, they used it against us. We must resecure our rights and freedoms a second time. Time to reread Thomas Paine’s Common Sense.
“Let the names of Whig and Tory be extinct; and let none other be heard among us, than those of A GOOD CITIZEN, AN OPEN AND RESOLUTE FRIEND, AND A VIRTUOUS SUPPORTER OF THE RIGHTS OF MANKIND AND OF THE FREE AND INDEPENDANT STATES OF AMERICA”
This was the last sentence of Common Sense.
We’re all whistle blowers now.
whistle blowers, to the corporate fascist, just as America’s founders where considered terrorists and insurgents by a King and his corporate cohorts in colonial crime…
Thanks for your good work, Shahid, both here and at the Bill of Rights Defense Committee. I’ll call WH tomorrow…
Torture/ Murder/Treason
1in 3, 3 in 1
“Two by two, hands of blue…“
This “torture” claim is old news, its been totally discredited, besides have you ever realized that our current administration is assasinating (murdering, killing, terminating their lives) American citizens, along with foreign terror suspects without any Miranda rights being read, without a trial, without a right to appeal, just outright KILLING THEM. They are doing it with the Drone program, yet this guy who keeps crying “torture” is ignoring Obama’s holocaust.
A man died before he testified? Was his name Jesus?
> This “torture” claim is old news, its been totally discredited
I think you’re lying. Prove me wrong.
Apparently no recall – or anything else – in PA:
http://www.empowerpa.org/initiative-referendum-recall.php
When was the trial that discredited the torture claim. I must have missed that one.
The fact they won’t put the watertorture victim on trial proves that there was in fact torture.
Dick Cheney is not in Federal prison ?
How did that happen ?